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Section 702 of The Companies Act No. 17 of 2015: Permitted disclosure of information obtained under compulsory powers

    

(1) The prohibition in section 701 against disclosing information obtained in accordance with a requirement or order under section 700 that relates to the private affairs of a natural person or to any particular business has effect subject to the exceptions specified in subsections (2) to (5).
(2) The prohibition does not apply to the disclosure of information for the purpose of enabling the Cabinet Secretary or authorised person to perform a function under section 697.
(3) The prohibition also does not apply to a disclosure made to—
(a) the department of Government responsible for matters relating to trade;
(b) the National Treasury;
(c) the Central Bank of Kenya;
(d) the Capital Markets Authority,
(e) the Ethics and Anti-Corruption Commission; and (f) the Kenya Revenue Authority.
(4) The prohibition also does not apply to a disclosure made—
(a) with a view to the bringing of, or otherwise in connection with, disciplinary proceedings relating to the performance by an accountant or auditor of professional duties;
(b) for the purpose of enabling or assisting the Cabinet Secretary, the National Treasury, the Central Bank of Kenya, the Kenya Revenue Authority, the Capital Markets Authority or the Registrar-General to perform any of their statutory functions or exercise any of their statutory powers.
(5) Subject to subsection (6), the prohibition also does not apply to a disclosure made to an authority of a foreign country that appears to the Cabinet Secretary or authorised person to have functions similar to those specified in section 697 if the disclosure is made for the purpose of enabling or assisting that authority to perform those functions.
(6) In determining whether to disclose information to an authority in accordance with subsection (5), the Cabinet Secretary or authorised person is required to have regard to the following considerations—
(a) whether the use which the authority is likely to make of the information is sufficiently important to justify making the disclosure;
(b) whether the authority has adequate arrangements in place to prevent the information from being used or further disclosed other than—
(i) for the purposes of performing the functions referred to in that subsection; or
(ii) for other purposes substantially similar to those for which information disclosed to the authorised person could be used or further disclosed.

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Disclaimer: This document is not to be taken as legal advise.

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